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1976-09-13 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 13, 1976 AT 7:30 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Carlton McComb Councilman Tom Reid Councilman Cecil W. Griffin Councilman Harry Farley Councilman Terry Gray Councilman Benny Frank City Manager William E. Wolff City Attorney Bobby J. Williams City Secretary Dorothy L. Cook INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Councilman Reid. The Pledge of Allegiance was led by Councilman Farley. APPROVAL OF MINUTES: It was moved by Councilman Reid, seconded by Councilman Gray that the minutes of the Public Hearing held on August 18, 1976 be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Frank, seconded by Councilman Gray that the minutes of the Regular Meeting held on August 23, 1976 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor McComb issued a Proclamation proclaiming the weeks of September 20, 1976 through October 1, 1976 as "Pearland P. T. A. Membership Drive Weeks". Councilman Gray reported that in response to a citizens request at the last Council Meeting for a sidewalk on Old Alvin Road from the Junior High School to Plum Street, the Jaycees have donated $250.00 toward the materials for the construction of this 'sidewalk. Mr. Gray advised that Mr. George Triebel, Vice President of the Jaycees, and Mike Millard, President of the Pearland Jaycees were present to present this. check to the Mayor. Mayor McComb accepted the check on behalf of the City. Councilman Frank reported that the Texas Parks and Wildlife had its representative in Pearland last week for an inspection of Independence Park and found everything to be in order at this time. Mayor McComb reported that the Attorney General has approved the sale of the Certificates of Obligation and it would now take about a week for final closing. Councilman Gray reported that on August 25, 1976 he attended a Brazoria County Transportation Meeting and several items were discussed. The first was the study to be made in Brazoria County under the 1966 National Highway Safety Act,and under a later item on this agenda the Resolution covering the Pearland participation in this study will be discussed. Councilman Reid reported on the air traffic at the Pearland Airport. One of was the proposals previously made/for the installation of flashing warning lights on Walnut Street on the west and east side on the approaches to the runway corridor. Councilman Reid requested that the Chief of Police give an updated report on this project. Chief Stanford reported that the lights have been delivered to the City and will be installed as soon as possible. DEPARTMENTAL REPORTS: None CITIZENS: Mr. George A. Bofysil asked that permission be given him to sell a portion out of a Tract of land owned by him in the Perry & Austin League, Abstract 111. City Manager Wolff advised the City Council that he had contacted Mr. Bofysil regarding the proposed sale of this land on August 17, 1976 advising him that two attempts have been made by him to sell land out of this tract without compliance with the Subdivision Ordinance of the City. Mr. Bofysil advised the City Council that he felt that his request should be changed from permission to sell a portion of the land,to whatever he has to do to sell the land. He advised that if he had to subdivide the land then he would make a subdivision plat out of it, however, at this time he has no plans for the back part of the property. This item to be discussed later under an agenda item. Dr. Fred Cessac signed to appear before the City Council regarding Sleepy Hollow Subdivision (25 acres). Dr. Cessac advised that he would like to speak when the item was discussed under Item 1 of Unfinished Business of the Council Agenda. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: FINAL APPROVAL OF SLEEPY HOLLOW SUBDIVISION - (25 ACRE TRACT DEVELOPED BY NIMMONS- YOUNG, CO.): Mayor McComb advised that the City's Engineer, Mr. Malcolm Collins, was present to answer questions regarding his reports on final inspections of this section of Sleepy Hollow Subdivision. Mayor McComb asked Councilman Reid to read Mr. Collins letter of August 20, 1976 regarding this subdivision into the records of the meeting. Also, Councilman Farley was asked to read Mr. Collins letter of September 9, 1976 into the records of the meeting. These letters outline various deficiencies existing in the project at the time of the final inspections. (Original letters in file of Sleepy Hollow Subdivision - File 3 - Nimmons -Young, Developer). A discussion was held with Mr. James Young regarding the inspections during the time of construction and he advised that Walsh's survey crew checked the elevation periodically. A discussion was held with Mr. Collins regarding the road construction in this part of Sleepy Hollow. Mr. Collins, in his report to the City Council on August 20, 1976 advised that the.concrete used in the streets was a very poor quality and complied in only a few cases with the 3,000 pound per square inch mix that was called for and should be used in construction of same. He advised that a concrete street properly designed and built was relatively maintenance free, however, concrete streets built with inadequate strength concrete can cause more maintenance problems than streets built with base and pavement. If the weak concrete begins to give way in a year or two,due to heavy loads of concrete trucks, moving vans, and other types of heavy loads, then the concrete will start breaking up and will be.very hard to correct.. There is a portion of Sleepy Hollow where the concrete was exposed to rain shortly after it was poured, and all of the cement was washed off exposing the rock in the concrete. Mr. Collins advised that at the time of the last inspection eight cracks across the streets were evident and this is with very little traffic on them. Dr. Cessac introduced Dr. Hughes, Dr.,Jim Cook, Jack McGuff, Sr., and Jack McGuff, all in this subdivision Jr./interested parties/and various aspects of the deficiencies outlined by the by them City Engineer were discussed/with the Engineer, City Manager, Mayor, and City Council. MEETING RECESSED AT 8:35 P. M. - RECONVENED AT 8:50 P. M. The Mayor reconvened the meeting and advised that the floor was open for a motion Vto accept, reject, accept with consideration, etc. on this item of the agenda. Councilman Farley stated that he felt the solution to the deficiencies should be at the Developer's discretion.. The Developer should make a recommendation as to how to resolve the deficiencies, and those that they feel are unreconcilable that they offer an alternative solution. It was moved by Councilman Griffin, seconded by Councilman Frank that Sleepy Hollow Estates, northwest of Yost Road be approved subject to completion of all items of deficiencies as specified in the letters from Coenco, Inc., Consulting Engineers, Malcolm A. Collins, P. E. dated August 20, 1976 and September 9, 1976, with exception that in lieu of the street corrections so stated in letters of same date that the Developer may substitute a bond for a minimum period of two years in the minimum amount of 50% of the cost of said streets. Motion passed 4 to 1. Councilman Farley opposed. Mayor McComb stated that at any time the Developer had an alternate solution to Solve this problem agreeable to the City Manager and City Engineer, he would call a special meeting and it would be considered. APPLICATION NO. 28, GEORGE L. GETZ AND APPLICATION NO. 28A, BRUNETTE C. COPPINGER: City Attorney Williams advised that these applications be placed again on the agenda for discussion before he prepared the ordinances making the change in zoning. He advised that due to the special building lines on Walnut Street 30 foot of this property could not have any buildings or structures built on it. After discussion, the City Attorney was instructed to prepare ordinances for consideration at the next meeting. RULES OF PROCEDURE FOR CITY COUNCIL: This matter was on the last agenda, however, due to the fact that the full Council was not present it was postponed until this meeting. A discussion was held on whether or not additional regular meetings per month are needed. The main reason would be to facilitate the passage of ordinances which now require readings at two regular meetings of the City Council. The suggestion was made that this item be passed until the Charter Review Commission to be appointed in January, 1977 made its recommendations. This amendment to the Charter could be placed on the April 1977 Election for vote of the people, either by the Charter Commission or the City Council. CHANGE IN ORDER OF BUSINESS: (NEW BUSINESS) BY DENNIS MINTER, ET UX, FOR RELEASE OF BUILDING PERMIT: Mrs. Dennis Minter was present at the meeting and asked that a building permit be released on a portion of Lot ll, Block 1, McGinnis Subdivision. She advised that she and her husband had purchased the property in 1971 from Mr. Dempsey, the owner of the other portion of Lot 11. It was moved by Councilman Griffin, seconded by Councilman Frank that the City Manager be authorized to release a building permit on Lot 11, Block 1, McGinnis Subdivision when all other ordinance qualifications have been met. Under discussion of this motion, Mr. James Holley requested that this permit be denied. Mr. Holley advised that he owned the property located adjacent to this lot and he was opposed to a building permit being issued for this portion of Lot 11 on the grounds that it was a division of a lot shown on the original filed plat. Mayor McComb called for a vote on the motion. Motion passed 5 to 0. RESOLUTION NO. 76-19, A RESOLUTION AUTHORIZING THE PURCHASE OF 7.3 ACRES OF LAND FROM AARON PASTERNAK, TRUSTEE: Resolution No. 76-19 read in full by Councilman Griffin. It was moved by Councilman Griffin, seconded by Councilman Farley that Resolution No. 76-19 be passed and approved on first and only reading. Said Resolution No. 76-19 reads in caption as follows: RESOLUTION NO. 76-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE ALL INSTRUMENTS AND MAKE ALL PAYMENTS NECESSARY FOR THE PURCHASE OF 7.298 ACRES OF LAND OUT OF THE W. D. C. HALL SURVEY, ABSTRACT 70, PEARLAND, BRAZORIA COUNTY, TEXAS; AND CONTAINING OTHER PROVISIONS RELATING THERETO. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" None Motion passed 5 to 0. OFFICIAL NEWSPAPER FOR THE CITY EFFECTIVE OCTOBER 1, 1976: The following newspapers submitted proposals to the City to serve as the official newspaper for one year. The Journal 7� per word - $1.75 per column inch Sun Progress 5G per word It was moved by Councilman Griffin, seconded by Councilman Frank that the Sun Progress be named as the official newspaper for the City effective October 1, 1976 for a period of one year and that the Mayor be authorized to enter into an agreement for this service. Motion passed 3 to 2. ..� Councilman Farley and Councilman Gray opposed. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: (Continued) ORDINANCE NO. 334, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976: Ordinance No. 334 read in full by Councilman Griffin. (Second Reading) It was moved by Councilman Griffin, seconded by Councilman Frank that Ordinance x,20 No. 334 be passed and approved on second and final reading. Said Ordinance No. 334 reads in caption as follows: ORDINANCE NO. 334 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976, AND ENDING SEPTEMBER 30, 1977. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Gray, and Council Frank. Voting "No" - None Motion passed 4 to 0. Councilman Reid not present in the Council Chambers at the time of voting. ORDINANCE NO. 335, AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS: Ordinance No. 335 was read in full by Councilman Griffin. (Second Reading) It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 335 be passed and approved on second and final reading. Said Ordinance No. 335 reads in caption as follows: ORDINANCE NO. 335 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1976 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. ...Tax rate set at $1.30 per $100 valuation of property. For maintenance and support of General Government $0.907; For Interest and Sinking Fund $0.393. Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman Farley, and Councilman Griffin. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS: (Continued) ST BY GEORGE A. BOFYSIL TO SELL PART OF TRACT OF LAND: Mayor McComb referred this matter to the City Attorney for an opinion and a report back to the City Council at the next regular meeting. APPLICATION NO. 30, BERRY MILLER, SR., ET AL - REQUEST FOR CHANGE IN ZONING: Mayor McComb read a letter dated September 9, 1976 from Dennis M. Frauenberger, Chairman of the Planning and Zoning Commission advising that the Commission recommends the requested change from M-1 to M-2 on a 30.283 acre tract of land located in Abstract 239 owned by Berry Miller, Sr., et al. It was moved by Councilman Reid, seconded by Councilman Gray that the letter from the Planning and Zoning Commission be accepted into the records of the City. Motion passed 5 to 0. It was moved by Councilman Reid, seconded by Councilman Griffin that a Public Hearing be called before the City Council on Application No. 30 for change in zoning request by Berry Miller, Sr., et al, for 7:30 P. M., October 11, 1976, under Docketed Public Hearings of the regular agenda. Motion passed 5 to 0. APPLICATION NO. 31, LARRY D. JOHNSON, TRUSTEE - CHANGE IN LAND USE: It was moved by Councilman Gray, seconded by Councilman Reid that a Public Hearing before the Planning and Zoning Commission be called for 7:30 P.M. October 51 1976 on Application No. 31 request by Larry D. Johnson, Trustee for a change in land use. P2otion passed 5 to 0. RESOLUTION NO. 76-17, A RESOLUTION AUTHORIZING THE MAYOR TO EXPRESS INTENTION OF CITY TO PARTICIPATE IN A COUNTYWIDE TRAFFIC ENGINEERING STUDY: Resolution No. 76-17 was read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Reid that Resolution No. 76-17 be passed and approved on first and final reading. Said Resolution No. 76-17 reads in caption as follows: RESOLUTION NO. 76-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CARLTON McCOMB, MAYOR OF SAID CITY, TO EXPRESS INTENTION ON BEHALF OF THE CITY OF PEARLAND TO PARTICIPATE IN A COUNTYWIDE TRAFFIC ENGINEERING STUDY. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" - None Motion passed 5 to 0. PRIORITIES FOR FEDERAL AID HIGHWAY ACTION OF 1976 - URBAN SYSTEM PROGRAM 1977-78: The Department of Highways and Transportation asked the City to furnish a list of priority projects for possible funding under the Urban System Program 1977-78. Councilman Gray reported that he and Mr. Wolff had been working on this project and felt that improvements on F. M. 518 from Washington Avenue to Hatfield (broken down in two increments) be submitted as our request for funding under the Urban System Program. This to be known as Section II and Section IV of project map received from the Department of Highways in 1973. 929 It was moved by Councilman Gray, seconded by Councilman Reid that Section II from Washington Avenue to McLean Road be Priority 1 and Section IV from McLean Road to Hatfield Road be Priority 2. The approximate cost of the projects to be supplied by the City Manager and letter written to the State Department of and Highway/signed by the Mayor. Motion passed 5 to 0. ORDINANCE NO. 246-21, AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 29, HAROLD RUSSELL: Ordinance No. 246-12 was read in full by Councilman Griffin. (First Reading) It was moved by Councilman Griffin, seconded by Councilman Reid that Ordinance No. 246-21 be passed and approved on first reading at a regular council meeting. Said Ordinance No. 246-21 reads in caption as follows: ORDINANCE.NO. 246-21 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FO THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Frank, Councilman Gray, Councilman Reid, Councilman Griffin, and Councilman Farley. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 280-1, AN ORDINANCE ESTABLISHING CHARGES FOR COLLECTION OF GARBAGE: Ordinance No. 280-1 was read in full by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Frank that Ordinance No. 280-1 be passed and approved on first reading at a regular council meeting. Said Ordinance No. 280-1 reads in caption as follows: ORDINANCE NO. 280-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING CHARGES FOR THE COLLECTION OF RESIDENTIAL GARBAGE WITHIN THE CITY LIMITS; PROVIDING THAT SUCH CHARGES ALLOW NO CREDIT FOR VACANCIES; PROVIDING THAT SUCH CHARGES BE DEBITED TO EACH ACTIVE WATER METER ACCOUNT; PROVIDING THAT TRASH AND BRUSH COLLECTION BE AVAILABLE TO RESIDENTIAL CUSTOMERS UPON REQUEST; PROVIDING FOR CHARGES FOR THE COLLECTION OF COMMERCIAL GARBAGE; REPEALING ORDINANCE NO. 280 AND ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING A SAVINGS CLAUSE. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. 76-18, A RESOLUTION ESTABLISHING NEW CHARGES FOR WATER AND SEWER C(INNFi rTTnMq e Resolution No. 76-18 was read in full by Councilman Frank. (First reading) It was moved by Councilman Frank, seconded by Councilman Farley that Resolution No. 76-18 be passed and approved on first and final reading at a regular meeting of the City Council. Said Resolution No. 76-18 reads in caption as follows: RESOLUTION NO. 76-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR CONNECTIONS TO WATER AND SEWER SYSTEMS OF THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Griffin, Councilman Farley, Councilman Reid, Councilman Gray, and Councilman Frank. Voting "No" - None Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Griffin, seconded by Councilman Farley that their absence from the regular meeting of August 23, 1976 be shown as excused absence. Motion passed 5 to 0. ADJOURN: Meeting Adjourned at 11:00 P.M. Minutes approved as submitted and/or corrected this the —7 day of A. D. 1976. Mayor ATTEST: s� City -Secreta